On the Difficulty of Recognizing the Jewish State of Israel
June 19, 2011 4 Comments
From the simple recognition of Israel as a Jewish state, peace and a Palestinian state follow. The chief geopolitical excruciation of our time, the Palestinian obsession of the United Nations, the rancor of millions who thrive on demonizing either Israel or Palestinians — all of it shrivels if Palestinians and surrounding Arab states simply recognize Israel’s right to exist as a Jewish state.
But that single, simple step to peace remains elusive. Why?
Note that I am urging Israel’s right to exist as a Jewish state, not merely Israel’s right to exist. The extremists who cannot even acknowledge Israel’s rudimentary right to exist are part of the permanent insurgency against peace and human decency. They will never entirely disappear, but they can be marginalized.
The question of recognizing Israel as a Jewish state is more complicated. It would mean, for example, giving up any Palestinian “right of return” to Israel. Asking Israel to absorb potentially millions, or even hundreds of thousands, of Palestinian refugees in Israel would be an invitation to geopolitical suicide. Eventually, Israel’s Jews would be a minority population. Israel’s Jews cannot become a minority population, for there would then be no defensible homeland for the Jews. Jews would again become beholden to a fickle majority, as they were in Europe and Russia — and to every Jew who vows to remember, this cannot happen. Never again.
We melting-pot Americans are not accustomed to thinking of states as ethnic enclaves — even though they often are. We would chafe at the notion of Guatemala as a Mayan state or Kenya as Kikuyu state. But the viability of Israel as a Jewish state is a special case, rooted in excruciating history.
Think of the Middle East as a football field. Think of Israel and Palestine as two wee postage stamps on this football field. The scale is important for the history that follows.
On October 4, 1946, President Truman issued a statement declaring United States support for creation of a “viable Jewish state.” On November 29, 1947, the United Nations General Assembly approved a partition plan that divided the tiny area into three entities: a Jewish state, an Arab state, and an international zone around Jerusalem.
Jews accepted this internationally-sanctioned partition. Arabs did not. At this crucial inception of Israel, there was never any international question that the tiny nation of Israel would be a Jewish state.
There was a sound reason for this tiny new state, and a sound reason that it be Jewish. In 1946, there were still tens of thousands of displaced Jews in Europe, survivors of the Holocaust. The thriving Jewish communities of Europe were all but wiped out. The Nazi machine killed six million Jews and produced a new word: genocide. But the defeat of the Nazis did not defeat homicidal anti-Semitism. Jewish refugees attempting to return to their European homes met murderous bigotry.
The middle 20th-century put to rest forever the notion that Jews, as a minority, could rely on the good will of their host nations. Good and patriotic German Jews, good and patriotic Polish Jews, good and patriotic Hungarian Jews — all died in the gas chambers, or were killed by locals when they tried to return.
Jews needed their own place to live. Their original homeland, the place that gave rise to the Bible, the place where they had a continuous presence for thousands of years, the place where Jews had been going for decades and transforming the land, made sense.
The world understood this in 1947. The world understood that Jews needed one place that they controlled, one place where pogroms were impossible, one place where Jews could be Jews without apology and obsequiousness. The world understood that the people who had suffered the most horrific slaughtering in human history had earned a place of their own.
Arabs also lived in this land. Indeed, Arabs, Jews and Christians had been living side-by-side for quite some time in what was then the British Mandate. And so the world did not give it all to the Jews. The world split it between Arabs and Jews. It was the solution to which everyone now aspires: a Jewish state and an Arab state. Yes, 64 years ago, the world solved the Middle East problem.
The Jews said yes, but the Arabs balked. On May 14, 1948, David Ben-Gurion, Israel’s first prime minister, proclaimed the existence of a Jewish state called Israel. President Truman’s administration immediately issued the following statement: “This Government has been informed that a Jewish state has been proclaimed in Palestine, and recognition has been requested by the provisional government thereof. The United States recognizes the provisional government as the de facto authority of the State of Israel.”
On May 15th, Arab states issued their response statement, and Egypt, Syria, Jordan, Lebanon, and Iraq attacked the new state of Israel, aided by volunteers from Saudi Arabia, Yemen and Libya. It could have been over for Israel then. It very nearly was. The football field attacked the postage stamp with determination to wipe it out.
Meanwhile, the Grand Mufti of Jerusalem, Haj Amin al-Husseini, declared a new genocide against the Jews: “kill the Jews wherever you find them — this serves God.” He really meant it. He had passed the world war with fascists, and while a guest of fascist Italy in 1941, he submitted to the German government a draft declaration of German-Arab cooperation, stating:
Germany and Italy recognize the right of the Arab countries to solve the question of the Jewish elements, which exist in Palestine and in the other Arab countries, as required by the national and ethnic (völkisch) interests of the Arabs, and as the Jewish question was solved in Germany and Italy.
Had the Nazis prevailed in North Africa (they didn’t), they had a plan to exterminate Palestinian Jews and prevent the establishment of a Jewish state, and “the most important collaborator with the Nazis and an absolute Arab anti-Semite was Haj Amin al-Husseini, the mufti of Jerusalem.” Many honorable Palestinians refused to take up arms against the Jews because of their disgust with Haj Amin al-Husseini.
The fledgling state of Israel survived, barely, the attack of every surrounding Arab country. Israel survived again in 1967 and 1973, when Arab regimes attacked Israel with intent to destroy it. The violations of international law, never mind human decency, in these attacks are legion.
Meanwhile, Arab states set about dealing with their Jewish populations, and it wasn’t pretty. Most of Yemeni and Adeni Jews, some 50,000, were evacuated between 1949-1950 in fear of their security. 150,000 Iraqi and Kurdish Jews were encouraged to leave in 1950 by the Iraqi Government, which ordered in 1951 “the expulsion of Jews who refused to sign a statement of anti-Zionism.” The Jews of Egypt began fleeing the country in 1948, and most of the remaining, some 25,000, were expelled in 1956. The Jews of Algeria were deprived of their citizenship in 1962.
So Jews were being systematically kicked out of Arab countries, typically without their property. There could have been a “Jewish refugee” problem exceeding the “Palestinian refugee” problem. But there wasn’t because Israel of course accepted the 800,000-1,000,000 Jews kicked out of Arab countries. Palestinian refugees, meanwhile, suffered horrible deprivations of basic rights by their host countries.
Over 400,000 Palestinian refugees live in Lebanon, and they are barred from 73 job categories including professions such as medicine, law and engineering. They are not allowed to own property, and even need a special permit to leave their refugee camps. Unlike other foreigners in Lebanon, they are denied access to the Lebanese health care system. The Lebanese government refused to grant them work permits or permission to own land.
The Arab League has instructed its members to deny citizenship to Palestinian Arab refugees (or their descendants) “to avoid dissolution of their identity and protect their right to return to their homeland.” In other words, Palestinian refugees are pure politics for Arab League members. And that is why the most free Palestinians live in America and Israel.
If I were Palestinian — and sometimes I wish I were just for the test of my character in the teeth of oppression and suffering — I believe I would be skeptical of my Arab brothers and their cynical anti-Semitism, and I believe I would say yes, let there be a Jewish state and a Palestinian state so that I could at least begin to control my own destiny, and I would cease to be a pawn in the games of nations that have done nothing for me except exploit my victim status.
Israel must be a Jewish state. There must be a homeland for Jews. And there must be a homeland for Palestinians. We have not evolved beyond ethnic thinking and ethnic hatred. That will take a while. Meanwhile, there can be peace, accounting for ethnic hatreds — but it must begin with recognition of Israel as a Jewish state.
And acceptance of a Jewish state begins with understanding of what happened to Jews. The Holocaust must become real to Palestinians. In the New York Times, Palestinian social scientist Mohammed S. Dajani Doudi and Jewish-American historian Robert Satloff write:
But Palestinians, and Arabs more generally, know little about the Holocaust and what they do know is often skewed by the perverted prism of Arab popular culture, from the ranting of religious extremists to the distortions of certain satellite television channels to the many ill-informed authors. What happened to the Jews during World War II is not taught in Arab schools or universities, either as part of world history or as a lesson in genocide awareness or as an atrocity that ought not to be repeated.
* * *
Almost two years ago millions of Muslim Arabs listened carefully when President Barack Obama, speaking in Cairo, respectfully recited sentences from the Koran and proclaimed America’s endorsement of a two-state solution to achieve a durable Israeli-Palestinian peace. Few, however, remember that he also condemned Holocaust denial. Now that the Arab masses are applying the universal lessons of democracy, human rights and the rule of law in taking down their authoritarian governments, it is time they take back the learning of history, too. That includes teaching their children the universal lessons of the Holocaust.
History, true history, is almost always painful. Understanding why Israel must be a Jewish state is painful. Jews in Israel cannot ever again submit to the tolerance of a host culture. That is absolute.

The Israeli “Rape by Deception” Case: a Bad Law, a Bad Ruling, and Here We Go Again with Another Round of Misdirected Israel-Bashing
July 23, 2010 1 Comment
A Palestinian man, Sabbar Kashur, was recently sentenced to 18 months in jail for rape. He met a woman in downtown Jerusalem, started talking, they felt a mutual attraction, went to a nearby building, and had sex. Rape? Imprudent, sure; reckless, probably; stupid, works for me — but… rape?
Here’s the kicker. Kashur pretended to be single and Jewish. He was neither. He was married, Palestinian, and the father of two children.
In Israel, it is against the law — and can constitute the crime of rape by deception — to obtain sex by false pretenses. That’s a dumb law. And the ruling in Kashur’s sentencing illustrates it dumbness.
But here we go again. The blogosphere is aflame with denunciation and contempt for Israel — including, not incidentally, in Israel. Kashur, naturally, says the ruling is racist. CNN frames the story as: “Rape by deception, or racist?”
Liberal commentator Gideon Levy fumed in Haaretz, “now the respected judges have to be asked: If the man was really Dudu posing as Sabbar, a Jew pretending to be an Arab so he could sleep with an Arab woman, would he then be convicted of rape? And do the eminent judges understand the social and racist meaning of their florid verdict?”
This is how ABC News began the story: “Sabbar Kashur, a Palestinian from East Jerusalem, has been sentenced by an Israeli court to 18 months in jail for the unprecedented crime of ‘rape by deception.’ It is a case that has raised some very difficult questions about discrimination and the legal system in Israel.” Aljazeera.net blogger, Sherine Tadros, entitles her post, “Is being Arab Israel’s criteria for rape?” Her unsurprising answer is yes. The New York Times declares in a headline, “Israeli Court Calls Lying for Sex Rape,” and explores instances of Israelis objecting to relationships between Jews and Arabs.
These posts, and many more like it, underscore why people who feel strongly about Israel’s right to exist sometimes pause before criticizing Israel — because criticism of Israel, of which there is plenty in Israel, never seems to land in a context, where other nations are judged by similar standards. Instead, criticism of Israel becomes a frenzy, and anyone criticizing Israel is conscripted into the frenzy.
When I first heard about this story, I resolved to criticize the Israeli law and the Israeli ruling. I still will. But I’ll also criticize the frenzy.
The Israeli law confuses fraud and sexual assault. It is a trivialization of rape to say that a woman who freely engaged in sex has been raped. The exception is statutory rape, sex with a minor, because we deem sex with a minor criminal regardless of consent. In no other case do we properly ignore the critical question of consent.
In sentencing Kashur, the Israeli court said: “If she hadn’t thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated,” and added “the court is obliged to protect the public interest from sophisticated, smooth-tongued criminals who can deceive innocent victims at an unbearable price — the sanctity of their bodies and souls. When the very basis of trust between human beings drops, especially when the matters at hand are so intimate, sensitive and fateful, the court is required to stand firmly at the side of the victims — actual and potential — to protect their wellbeing. Otherwise, they will be used, manipulated and misled, while paying only a tolerable and symbolic price.”
This is bad judging from so many angles. First, “innocent victim” is not the phrase I would use to describe a woman who freely has sex with a man in a public building some moments after meeting him. Second, “the sanctity of their bodies and souls”? What standard of sanctity applies here? Where is genuine sanctity evident at all in any of this disturbing saga?
Third, “when the very basis of trust between human beings drops… the court is required to stand firmly at the side of the victims”? What does that even mean? And when is the judiciary in the business of intervening in human affairs because “the very basis of trust between human beings drops”? The “basis of trust” between human beings drops multiple hundreds of thousands of times a day. The judiciary is certainly not obliged to intervene in these common drops in human trust.
Fourth, the court justifies its power on the basis of its obligation to “protect the public interest,” which perfectly illustrates why a judiciary that rules on the basis of “protecting the public interest,” and can supply whatever content it wishes to the definition of “public interest,” is a judiciary without adequate mooring or modesty.
Fifth, the court effectively makes lying that yields sex the crime of rape — and that is indeed a dangerous precedent. Let’s agree that lying for sex is bad. It’s not rape. The damage to the concept of rape, the forcible sexual assault of another person, a person who says no or who has no capacity to say yes, is not what any serious person sensitive to the horror of rape, would wish. If “rape” becomes commonly understood to include consensual sex, fraudulently obtained, then rape becomes, in common understanding, a lesser evil than it is.
Is the ruling racist? Good grief. The ruling is based upon a 2008 High Court of Justice ruling, rejecting an appeal of the rape conviction of Zvi Sleiman, who impersonated a senior official in the Housing Ministry whose wife worked in the National Insurance Institute. Sleiman told women he would get them an apartment and higher NII payments if they would sleep with him. Zvi Sleiman was a Jew. Since the 2008 ruling, other Jews in Israel have been convicted under the same law.
Another dumb ruling, but obviously not racist. High Court Justice Elyakim Rubinstein said a conviction of rape should be imposed any time a “person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.” That is a dangerous expansion of the concept of rape, but it’s not racist and it is a High Court precedent, which the lower court was bound to apply in Kashur’s case.
The court in Kashur’s case applied the Sleiman precedent ineptly. It could have distinguished Sleiman on the grounds that the deception was neither protracted nor based upon a promise of a material benefit the defendant was in fact in no position to bestow (although the court noted the defendant’s professed interest in a “serious romantic relationship” as material). The court’s failure to limit the scope of the misconceived Sleiman precedent is not racist. It’s just inept. Bad judging happens.
And finally, let us take as a given that what would have happened to a Jewish man (and the Muslim woman) in a Muslim country, were he even permitted in that country, would have been much worse. Just for context.
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Filed under Israel, Israel Double Standard, Law, Race/Ethnicity/Racism Tagged with ABC news, Aljazeera.net, Arab, CNN, Crimes, criminal law, Elyakim Rubinstein, Ethics, Fraud, Ha'aretz, High Court of Justice, Israel, Israeli court, Jerusalem, Jew, Jewish, Kendrick Macdowell, liberal commentator, National Insurance Institute, Palestinian, Public Interest, racism, Rape, Sabbar Kashur, Saber Kashour, Sex crimes, Sexual fraud, Social issues, Statutory rape, The New York Times, United States, violence, Washington, Zvi Sleiman